Jurist knew decision might bring some heat — but was ready for itHe proclaims he is not an 'activist judge' in his ruling in the Dover case

AMY WORDEN, The Philadelphia Inquirer |
December 21, 2005

HARRISBURG, PA. - No one has to ask Judge John E. Jones III whether he expected he might be lambasted by the religious right over his ruling in the closely watched intelligent-design case. He answered that question in his opinion.

"Those who disagree with our holding will likely mark it as the product of an activist judge," Jones wrote in Kitzmiller v. Dover Area School District. "If so, they have erred, as this is manifestly not an activist court."

Legal experts say such a statement anticipating an attack is an unusual — but in this case, wise — move.

"He anticipated an attack on him," said Carl Tobias, a law professor at the University of Richmond. "I have a lot of respect for a judge who, presented with a difficult decision, admits it's going to be tough. He has discharged his oath."

In his ruling, Jones barred the teaching of intelligent design in Dover, flatly rejecting a concept advanced by some conservatives — including President Bush, who appointed him to the bench in 2002.

Jones, who was born in Pottsville, Pa., has deep Republican roots. After graduating from the Dickinson School of Law, he formed his own law firm and became active in politics. In 1992, he ran for the 6th U.S. Congressional District but lost to Democrat Tim Holden.

In 1994, he became co-chair of then-Gov.-elect Tom Ridge's transition team. A year later, Ridge appointed him to the state Liquor Control Board.

As chairman of the board, a position he held for seven years, Jones led Ridge's unsuccessful campaign to privatize the State Stores. He also gained some notoriety when he banned the sale of Bad Frog Beer because the label featured a frog making an obscene gesture.

Jones flirted with the idea of running for governor in 2001, but instead he sought a seat on the federal bench with the support of the state's two Republican senators.

Before issuing the intelligent-design ruling, Jones said he was looking forward to the case. "I became a judge with the hope of having an opportunity to rule in matters of great importance," he said.

Richard Katskee, attorney for Americans United for Separation of Church and State, which was part of the legal team representing the plaintiffs, said Jones seized his opportunity.

"It was clear he was writing for the nation, not just for Dover," Katskee said.

Jones is praised by people on both sides of the aisle as a man of integrity and intellect.

Ridge called him a "renaissance man" and "the right kind of person to be presiding over a trial of such emotional and historic importance." He added, "I don't think he goes in with a point of view based on anything prior. I really don't. I think he loves the challenge."